Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Ohio does not use the terms “common form” and “solemn form” probate as found in some other states. Instead, Ohio governs probate through a uniform process under Ohio Revised Code Chapter 2107. All probate matters unfold in the probate division of the court of common pleas in the county where the decedent was domiciled.
Testate Probate (With a Will): If a decedent left a valid will, the person named as executor files an application for letters testamentary. The court reviews and admits the will to probate, issues letters testamentary, and oversees the executor’s administration of the estate. See R.C. 2107.23 (Ohio Rev. Code §2107.23).
Intestate Administration (Without a Will): If no valid will exists, anyone with priority under Ohio’s succession laws may apply for appointment as administrator. The court issues letters of administration and directs distribution under the intestate succession rules in R.C. 2105.06. See R.C. 2109.01 (Ohio Rev. Code §2109.01).
Both testate and intestate matters follow the same core steps: notice to interested parties, asset inventory, creditor claims, final accounting, and court supervision. Unlike jurisdictions with separate “common” and “solemn” probate forms, Ohio uses one standardized procedure.
Helpful Hints
- Begin the probate process promptly to meet statutory deadlines.
- Collect and preserve all asset records, including real estate, bank accounts, and personal property.
- Serve notice to heirs and creditors as required by R.C. 2109.24.
- File creditor claims and respond to objections within the deadlines set by the court.
- Consult a probate attorney if the estate involves complex assets or disputes.
- Review the distribution order under R.C. 2105.06 to understand intestate succession.